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Short note on Vishaka vs State of Rajasthan.

 Short note on the Vishaka vs. State of Rajasthan.

Facts of the case

At the outset, it is necessary to put forth the facts of the case in detail to render a better

understanding. Firstly, there was an immediate cause responsible for initiating this fight for

gender justice which was the case of the alleged brutal gang rape of a woman in a village in the

State of Rajasthan. Bhanwari Devi, a social worker was gang-raped for doing the noble act of

preventing child marriage. Unfortunately, this criminal case pursuant to the insufficient evidence

proving the crime was dismissed [1]. However, this incident gained momentum among various

social activists and NGOs, enforcing the necessity for specific legislation for sexual harassment

of women at the workplace in the light of Gender Equality. Subsequently, this writ petition was

filed by certain social activists and NGOs under Article 32 on the ground of violation of Articles

14, 15 and 21 of the Constitution.

Issues

Before delving into the analysis, let’s have a look at the issues raised:

•Whether sexual harassment in the workplace is a violation of Fundamental Rights under

Articles 14, 15 and 21 of the Constitution?

•Whether International Convention can be applied in cases of the absence of appropriate

domestic laws?

•Whether there is a need for mandatory guidelines to be laid in the light of Sexual harassment at

the workplace?

Key contentions

The Council on behalf of the Petitioners contended that the sexual harassment undergone by

women at the workplace is a violation of Articles 14, 15, 19(1)(g) and 21 of the Constitution.

Adding on, the counsel pointed out the need for the legislation by highlighting the lacuna of

appropriate provision of law in the view of a safe working environment for women. The counsel

on behalf of the respondent, indeed, extended considerable assistance required to aid the Court

in dealing with the discussed social evil. Additionally, Ms. Meenakshi Arora and Ms. Naina

Kapur also lent a helping hand to the Court. Further, Shri.Fali S. Nariman being appointed as

Amicus Curiae as well assisted the Court. Therefore, it goes without saying that the judicial

assistance provided, portrays the willingness to work together, towards a better upshot on

taking the interests of the people into account. [2]

Judicial reasoning

Firstly, the court ruled that such an incident is a crystal clear violation of Article 14, 15, 19(1)(g)

of the Constitution. Furthermore, the Court indicated few other provisions relevant, in particular,

Article 42 (Provision for Just and humane conditions of work and maternity relief) and 51A

(Fundamental duties of the citizen). [3]

Secondly, the Court dealt with the application of international conventions in the absence of

required Domestic Law. The court highlighted that a relevant International Convention which is


consistent with the fundamental rights as well in harmony within its scope can be applied for the

promotion of the Object of the Constitutional guarantee as implied under the Article 51 (c) and

Article 253 (Power of the Parliament to enact laws for the implementation of the International

Conventions and Norms) read along with the Entry 14 under the Union List in the 7th Schedule

of the Indian Constitution. In addition to this, the court also emphasized Article 73 (Extent of

Executive power of the Union).

Thirdly, the court acknowledged the need for guidelines to render Gender equality and

emphasized the significance played by the International Convention and Norms as the very

nature of protection of sexual harassment and right to work with dignity being universal.

Judgment

On considering the absence of domestic law regarding gender equality and protection from

sexual harassment at the workplace, the Court formulated the guidelines and norms to be

observed at all the workplaces until the enactment of legislation under Article 32 for the

enforcement of the Fundamental Rights of the Constitution. Adding on, the court declared this

as a law under the ambit of Article 141 of the Constitution.

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